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The critical point is that Article 74 states that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall act by such advice in exercising his functions. The Council of Ministers comprises the Prime Minister and other Ministers. Cabinet Ministers, Ministers of State, and Deputy Ministers are the three types of ministers. The President of India appoints each of them. The UPSC Indian Polity and Governance Syllabus include the Council Of Ministers – Union Executive, which is described in this article. Under article 75 of the Indian Constitution, it is also mentioned that the salaries and allowances of Ministers, including the Prime Minister, shall be such as Parliament may from time to time by law determine.
A brief idea of article 74 of the Indian Constitution
As per Article 74 of the Constitution, there shall be a council of ministers with the Prime Minister as the head to aid and advise the President, who shall, in the exercise of his functions, act under the advice of the council of ministers. One of the critical points is that article 74 states that there shall be a Council of Ministers with the Prime Minister as its head to aid and advise the President, who shall exercise his/her functions under the advice. The real executive power is vested in the Council of Ministers, with the Prime Minister as its head.
That means there shall be a council of ministers. The President accepts the advice of the board of ministers.
The council of ministers consists of three ministers: cabinet ministers, ministers of state, and deputy ministers.
The critical points that Article 74 states
There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall act by such advice in his functions.
Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, the President shall act by the advice tendered after such reconsideration.
The question of whether any and, if so, what advice was tendered by Ministers to the President shall not be inquired into in any court.
Article 75 of the Indian Constitution
Under Article 75 of the Indian Constitution, the Prime Minister is appointed by the President and the Prime Minister is set by the President. The President appoints the other ministers on the advice of the Prime Minister.
Under article 75 of the Indian Constitution, it is also mentioned that the salaries and allowances of Ministers, including the Prime Minister, shall be such as Parliament may from time to time by law determine.
The ministers hold office during the pleasure of the President. In comparison, the ministers are also appointed by the President and are said to have office during the joy of the President as per the Constitution.
In actual practice, the Prime Minister selects the ministers, and the President cannot appoint anyone not recommended by the Prime Minister.” (1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers, shall not exceed fifteen percent. Of the total number of members of the House of the People.
Points come under the Article 75 in the Indian Constitution
The President shall appoint the Prime Minister, and the President shall appoint the other Ministers on the advice of the Prime Minister.
The Minister shall hold office during the pleasure of the President.
The Council of Ministers shall be collectively responsible to the House of the People.
Before a Minister enters his office, the President shall administer the oaths of office and secrecy according to the forms set out for the purpose in the Third Schedule.
A Minister who for six consecutive months is not a member of either House of Parliament shall cease to be a minister at the expiration of that period.
The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine. Until Parliament so determines, shall be as specified in the Second Schedule The Attorney General for India.
Conclusion
Article 74 of India states that the Council of Ministers aids and advises the President. The President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act under the advice tendered after such reconsideration. The President shall appoint the Prime Minister, and the other Ministers shall be appointed by the President under the direction of the Prime Minister as written under article 75 of the Indian Constitution. The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine.
